Legal Opinion
In the Matter of Vincent Lapiana and Barbara Lapiana, Debtors. Appeal of Millard G. Lee
Court of Appeals for the Seventh Circuit
Decided July 31, 1990No. 89-2736PublishedCited by 47 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The principal question raised by this appeal is whether United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989), completely extinguishes the power of a bankruptcy judge to abate an award of post-petition interest to an oversecured creditor, in this case the United States'. We answer “no” but uphold the district judge’s ruling that the power was improperly exercised in this case.
The story begins in 1980, when the government filed notices of federal tax lien against two commercial properties owned by the Lapianas. The unpaid…
2Cases cited12 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
- Kelley v. NodineCourt of Appeals for the Sixth Circuit · 1986
- Richard M. Jones v. The Transohio Savings AssociationCourt of Appeals for the Sixth Circuit · 1984
7 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- In the Matter of JAMES WILSON ASSOCIATES, Debtor. Appeals of METROPOLITAN LIFE INSURANCE COMPANYCourt of Appeals for the Seventh Circuit · 1992
- Noonan v. Secretary of Health & Human ServicesCourt of Appeals for the First Circuit · 1997
- In the Matter of TERRY LIMITED PARTNERSHIP, Debtor. Appeal of INVEX HOLDINGS, N.V.Court of Appeals for the Seventh Circuit · 1994
- In re Fesco Plastics Corp.Court of Appeals for the Seventh Circuit · 1993
- In the Matter of Edc, Incorporated, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1991
42 more not listed; retrieve them via the Exa API.